Key Facts: 207,889 Chapter 13 bankruptcy cases were filed nationally in 2025, roughly 38% of all consumer filings (U.S. Courts, 2026). Chapter 13 lets you keep your home and car while repaying debt through a court-approved 3-to-5-year plan. Florida’s Middle District, which includes Jacksonville, saw a 26.9% increase in filings last year. Call (904) 396-5557 for a free consultation.
Melanie Sacks: Jacksonville bankruptcy attorney, FL Bar #158070, 27+ years of experience, 6,354+ cases filed. Martindale-Hubbell BV Distinguished.
Jacksonville Chapter 13 Bankruptcy Lawyer
Most people who call me never planned to file bankruptcy. They planned to catch up. Then the mortgage slipped two payments behind, the car note came due, and a garnishment started taking a piece of every paycheck before it ever reached the bank.
If that is where you are tonight, take a breath. Chapter 13 was built for this exact moment. It can stop a foreclosure sale, end wage garnishment the day we file, and give you three to five years to catch up while you keep your home and your car.
More than 207,000 Americans filed Chapter 13 bankruptcy in 2025, making it the second most common form of consumer bankruptcy after Chapter 7 (U.S. Courts). It is the preferred option for homeowners who need to stop foreclosure and catch up on missed mortgage payments.
In the Middle District of Florida, which includes Jacksonville, bankruptcy filings climbed 26.9% over the past year (U.S. Bankruptcy Court, M.D. Fla.).
Chapter 13 is built for individuals with regular income who want to keep their home, car, and other property while repaying creditors through a court-supervised plan lasting three to five years.
Unlike Chapter 7, which may require liquidation of non-exempt assets, Chapter 13 lets you cure mortgage arrears, restructure secured debts, and, in some cases, reduce the principal balance on vehicle loans.
In my 27+ years practicing bankruptcy law in Jacksonville, I’ve filed over 6,354 cases. Many of those were Chapter 13 reorganizations.
I understand why people choose Chapter 13: they want to save their home from foreclosure, catch up on car payments, or protect assets that Chapter 7 might not fully cover. Whatever brought you here, I’ve helped someone in your exact position before.
Get a free consultation today by calling (904) 396-5557.
How Does Chapter 13 Bankruptcy Work?
Chapter 13 is often called “reorganization bankruptcy” because it restructures your debts into a single monthly payment you can afford, supervised by the U.S. Bankruptcy Court under 11 U.S.C. Chapter 13.
Unlike Chapter 7, which may require selling non-exempt assets, Chapter 13 lets you keep all of your property, including your home, car, and retirement accounts. You catch up on past-due balances through a court-supervised plan lasting three to five years. The plan consolidates your debts into one monthly payment based on your disposable income, and remaining qualifying balances are discharged when you finish.
For Jacksonville homeowners facing foreclosure, Chapter 13 is often a powerful legal tool. It stops foreclosure immediately through the automatic stay under 11 U.S.C. § 362 and lets you cure mortgage arrears over the life of the plan while keeping up with regular monthly payments going forward.
Here is how the process works in Jacksonville:
- Credit counseling: You must complete a credit counseling course from a U.S. Trustee-approved agency before filing.
- Filing the petition: I file your Chapter 13 petition with the U.S. Bankruptcy Court for the Middle District of Florida. An automatic stay takes effect immediately under 11 U.S.C. § 362, halting foreclosure, repossession, wage garnishment, and creditor lawsuits.
- Repayment plan proposal: I work with you to create a plan that consolidates your debts into one monthly payment based on your income and expenses. The plan lasts 3 to 5 years.
- Confirmation hearing: A bankruptcy judge reviews and approves your plan. Creditors may object, but the court has final authority.
- Monthly payments: You make payments to the Chapter 13 trustee, who distributes funds to your creditors according to the plan.
- Discharge: After completing all plan payments, remaining eligible debts are discharged and you owe nothing further on them.
Who Qualifies for Chapter 13 Bankruptcy in Florida?
Chapter 13 eligibility depends on your income level, total debt, and ability to make regular monthly payments over a three-to-five-year plan period.
Chapter 13 eligibility is based on your debt levels and regular income, not an income ceiling. It is available regardless of how much you earn, which makes it the primary option for higher-income individuals who do not pass the Chapter 7 means test.
The key requirements are established under 11 U.S.C. § 109(e). I evaluate each of these factors during your free consultation to determine whether Chapter 13 fits your financial situation and goals. Your plan length and monthly payment are set by your disposable income under the federal means test. To qualify, you must meet the following criteria:
- Have regular income: Wages, salary, self-employment income, Social Security, or pension income all count.
- Fall within the debt limits: As of 2025, you cannot exceed $526,700 in unsecured debt or $1,580,125 in secured debt (11 U.S.C. § 109(e)).
- Be current on tax filings: You must have filed all required federal and state tax returns for the four years before your bankruptcy petition.
- Complete credit counseling: You need a certificate from an approved agency issued within 180 days of filing.
If your income is below the Florida median for your household size, your repayment plan will typically last 3 years. If your income exceeds the median, the plan extends to 5 years. The court applies a means test to calculate your disposable income and set affordable monthly payments.
Not sure whether you qualify? In my practice, many people who think they have “too much debt” or “not enough income” for Chapter 13 are surprised to learn they qualify after proper analysis. Call (904) 396-5557. I’ll review your financial situation during a free, no-obligation consultation.
What Debts Can Chapter 13 Address?
Chapter 13 covers a broad range of debts and offers more flexibility than Chapter 7 in how those debts are treated.
Some obligations, such as mortgage arrears and car loan balances, are paid in full through your repayment plan so you can keep the underlying property. Unsecured debts like credit cards, medical bills, and personal loans are typically paid at a reduced percentage based on your disposable income, with remaining balances eliminated entirely at discharge.
Chapter 13 can even address certain debts that survive Chapter 7 bankruptcy, including obligations from willful property damage and some divorce-related debts other than support obligations. Across the thousands of Chapter 13 cases I have filed in the Jacksonville Division, the plan structure gives clients a realistic path to becoming debt-free while protecting the assets that matter most.
Debts commonly addressed in a Chapter 13 plan:
- Mortgage arrears: Past-due payments are folded into the plan so you can keep your home.
- Car loans: Secured vehicle debt can be restructured and in some cases reduced to the vehicle’s current value through a “cramdown” (if purchased more than 910 days before filing).
- Credit card debt: Unsecured balances are often reduced, with remaining amounts discharged at plan completion.
- Medical bills: Treated as unsecured debt and eligible for partial or full discharge.
- Personal loans: Unsecured personal loans are included in the plan.
- Utility bills: Past-due utility balances can be caught up through the plan.
- Certain tax debts: Some income tax obligations more than three years old may be dischargeable.
This broader discharge scope is one reason I recommend Chapter 13 for clients who carry specific types of debt that Chapter 7 cannot wipe out.
How Chapter 13 Stops Foreclosure
For Jacksonville homeowners behind on their mortgage, Chapter 13 is often a direct way to save a home from foreclosure. The moment I file your petition with the U.S. Bankruptcy Court for the Middle District of Florida, the automatic stay under 11 U.S.C. § 362 halts all foreclosure proceedings immediately, regardless of how far along the process has advanced.
This is a federal court order. Your lender must stop, and any scheduled foreclosure sale is suspended. Florida’s unlimited homestead exemption protects all equity in your primary residence, which gives Jacksonville homeowners a clear legal path to keeping their home even after falling months behind.
Two limits apply in Florida. The homestead exemption covers up to a half-acre inside a municipality like Jacksonville, or 160 acres elsewhere. A federal cap can also limit protection on a home bought within roughly 3.3 years before filing. I review how these rules affect your property during your consultation.
In my 27+ years of practice, I have helped thousands of families in this exact situation, and I can often file an emergency petition within 24 to 48 hours when foreclosure is imminent.
Once the automatic stay is in place, your repayment plan addresses the mortgage arrearage. Any past-due mortgage payments are spread across the 3-to-5-year plan period, allowing you to gradually become current while continuing regular monthly mortgage payments going forward.
If you are already facing an active foreclosure, timing matters. The sooner your petition is filed, the sooner the automatic stay can stop the sale.
Chapter 13 vs. Chapter 7 Bankruptcy
Choosing between Chapter 13 and Chapter 7 depends on your income, your assets, and your specific financial goals.
In 2025, 356,724 Americans filed Chapter 7 while 207,889 filed Chapter 13 (U.S. Courts). Chapter 7 eliminates most unsecured debt within three to six months, but it may require liquidation of non-exempt assets and does not let you cure mortgage arrears.
Chapter 13 restructures your debts into a court-supervised repayment plan lasting three to five years. It lets you keep all of your property and gives you a way to catch up on missed mortgage and car payments.
I evaluate both options during every free consultation and recommend the chapter that gives you the strongest outcome. Here is a side-by-side comparison of the key differences:
| Factor | Chapter 13 | Chapter 7 |
|---|---|---|
| Timeline | 3–5 year repayment plan | 3–6 months |
| Property | Keep all assets | Non-exempt assets may be sold |
| Foreclosure protection | Stops foreclosure and cures arrears | Temporary delay only |
| Income requirement | Must have regular income | Must pass means test (below median) |
| Credit report | About 7 years | Up to 10 years |
| Best for | Homeowners behind on payments, higher-income earners | Low-income filers with few assets |
There is no one-size-fits-all answer. The right choice depends on your specific debts, your income, and what you need to protect.
How Long Does Chapter 13 Bankruptcy Take?
A Chapter 13 case typically takes 3 to 5 years from filing to discharge. That is longer than Chapter 7, but it delivers benefits Chapter 7 cannot: the ability to cure mortgage arrears, keep non-exempt property, and restructure secured debts.
The filing itself triggers the automatic stay within hours, and plan confirmation usually happens within the first two to three months. After confirmation, you make a single monthly payment to the Chapter 13 trustee, who distributes the money to your creditors under the court-approved plan.
Once all required payments are complete and you have finished a debtor education course, the court issues your discharge order and permanently eliminates any remaining qualifying balances. Throughout the plan, the automatic stay protects you from collection activity, and one monthly payment replaces what you would otherwise pay several creditors directly.
Plan length depends on your income relative to the Florida median:
- Below median income: 3-year plan (36 months)
- Above median income: 5-year plan (60 months)
How Much Does Chapter 13 Cost in Jacksonville?
I believe cost should never prevent someone from getting the debt relief they need. One of the biggest advantages of Chapter 13 over Chapter 7 is that attorney fees can be included in your repayment plan rather than paid up front.
This means you get the immediate protection of the automatic stay, which stops foreclosure, wage garnishment, and creditor harassment, without saving up thousands of dollars before filing.
Our Jacksonville office also offers a Fast File option at just $250 upfront in attorney fees to get your case filed quickly when time is critical.
I discuss all costs openly during your free consultation. Here is the typical breakdown of Chapter 13 costs in the Jacksonville Division:
- Court filing fee: $313 total, which is the $235 statutory filing fee plus a $78 administrative fee (U.S. Courts). Installment plans available.
- Attorney fees: $3,000–$5,000 for a standard Chapter 13 in Jacksonville. Unlike Chapter 7, attorney fees can be included in your repayment plan, so you don’t have to pay the full amount upfront.
- Credit counseling: $15–$50 (required before filing).
- Debtor education course: $15–$50 (required before discharge).
The Fast File option gets the automatic stay in place immediately, which matters most if you are facing foreclosure or active wage garnishment. The remaining attorney fees are folded into your Chapter 13 repayment plan.
Why Jacksonville Families Trust Sacks & Sacks for Chapter 13
I have practiced bankruptcy law in Jacksonville since 1998. In that time I have filed more than 6,354 bankruptcy cases in the Middle District of Florida, Jacksonville Division, helping over 10,000 individuals and families overcome financial crisis and regain stability.
A large share of those cases have been Chapter 13 reorganizations. I understand the specific challenges that bring people to this chapter. They include homeowners six months behind on the mortgage and families watching half a paycheck vanish to wage garnishment. Others are self-employed filers with tax debt they cannot pay in full, or higher-income earners who do not qualify for Chapter 7 under the means test.
I am ready to guide you through every step of the process.
- 6,354+ bankruptcy cases filed in the Jacksonville Division
- 27+ years licensed in Florida, Florida Bar #158070 (since 1998)
- Martindale-Hubbell “BV Distinguished” Rating for exceptional legal ability and high ethical standards
- 4.8 Avvo rating across 9 client reviews
- Three Best Rated®: Top 3 Bankruptcy Lawyers in Jacksonville, FL
- Member: American Bankruptcy Institute, National Association of Consumer Bankruptcy Attorneys, Jacksonville Bankruptcy Bar Association
Every bankruptcy client at Sacks & Sacks receives complimentary enrollment in my 7 Steps to a 720 Credit Score program, a structured post-discharge roadmap I developed to help you rebuild credit after bankruptcy. Getting out of debt is only half the journey.
“I enthusiastically endorse Melanie Sacks as one of the best Consumer Bankruptcy attorneys that I know! Melanie is superbly skilled and knowledgeable in both Chapter 7 and Chapter 13 practice.”
Peer Attorney Endorsement
What Our Bankruptcy Clients Say
“I was very nervous about declaring bankruptcy but Melanie and her staff were so helpful and considerate that I was immediately put at ease. Everyone there was extremely accessible and we spoke with Melanie several times during the process and she always assured us everything was going to be alright — and it was! Very professional and helpful — I can’t say enough about them all.”
Carol • 5-star review on Avvo
“Someone I worked with recommended Sacks & Sacks. One of the best decisions of my life. Liz & Sherry went above & beyond in helping me with the bankruptcy. I will be forever grateful. I would highly recommend Sacks & Sacks to anyone.”
Allen • 5-star review on Avvo
“They were great, very communicative and kept me up to date on everything going on. Would highly recommend.”
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Frequently Asked Questions
Can I Keep My House If I File Chapter 13 Bankruptcy?
Yes. Chapter 13 is built to help you keep your home. The automatic stay under 11 U.S.C. § 362 stops foreclosure proceedings immediately upon filing, and your repayment plan lets you catch up on missed mortgage payments over the 3-to-5-year plan period while continuing regular monthly payments. In my practice, homeowners behind on their mortgage are exactly the clients who benefit most from Chapter 13.
How Much Does It Cost to File Chapter 13 Bankruptcy in Jacksonville?
The federal court cost to file Chapter 13 is $313, made up of the $235 statutory filing fee plus a $78 administrative fee (U.S. Courts). Attorney fees typically range from $3,000 to $5,000 but can be included in your repayment plan, so you don’t pay the full amount upfront. I also offer a Fast File option at just $250 upfront to get your case filed quickly. Call (904) 396-5557 for specific pricing during your free consultation.
Will Chapter 13 Bankruptcy Stop Wage Garnishment?
Yes. The automatic stay that takes effect when I file your petition immediately stops all wage garnishments. Your employer will be notified to cease withholding, and the garnished amounts become part of your repayment plan instead. If you’re facing active garnishment, I can often file within a day or two.
What Is the Difference Between Chapter 13 and Debt Consolidation?
Chapter 13 is a federal court proceeding that legally binds your creditors to accept reduced payments and can discharge remaining balances at plan completion. Debt consolidation is a private agreement that combines debts into one payment but does not reduce what you owe or provide court protection from collection actions. In my practice, clients who tried debt consolidation before coming to me often wish they had filed Chapter 13 sooner.
Can I File Chapter 13 If I Am Self-Employed?
Yes. Self-employed individuals can file Chapter 13 as long as they have regular, documented income. You will need to provide profit-and-loss statements and tax returns to demonstrate your ability to make monthly plan payments. I’ve helped many self-employed clients in Jacksonville successfully complete Chapter 13 plans.
What Happens If I Miss a Chapter 13 Payment?
Missing payments can lead to your case being dismissed, which would remove the automatic stay and allow creditors to resume collection actions. If you experience a temporary financial hardship, I can request a plan modification from the court to adjust your payments. What matters most is telling me early. The court is far more accommodating when issues are addressed proactively.
How Soon Can I Rebuild Credit After Chapter 13?
You can begin rebuilding credit immediately after your discharge. In practice, the major credit bureaus remove a completed Chapter 13 after about 7 years, sooner than a Chapter 7. Under federal law, a bankruptcy can be reported for up to 10 years. Every client at Sacks & Sacks receives complimentary enrollment in my 7 Steps to a 720 Credit Score program, which gives you a structured roadmap to rebuild. Many of my clients see meaningful credit score improvement within 2 to 3 years of discharge.
You deserve a fresh start, and the law says you’re entitled to one.
Call me for a free consultation. I’ll review your situation and tell you exactly what Chapter 13 can do for you. No judgment, no pressure, just honest answers from someone who’s done this over 6,000 times.
Serving Jacksonville, Orange Park, St. Augustine, Fernandina Beach, and all of Northeast Florida. Virtual consultations available. No office visit required.
Related: Jacksonville Bankruptcy Lawyer | Chapter 7 Bankruptcy | Personal Bankruptcy | Business Bankruptcy | Fast File Bankruptcy | Debt Consolidation | 7 Steps to a 720 Credit Score
This article is for general information only and is not legal advice. Bankruptcy law changes and applies differently to every situation. For advice about your circumstances, speak with a licensed Florida bankruptcy attorney. Last updated: September 1, 2026.
Sources
[1] U.S. Courts. (February 2026). Bankruptcy Filings Rise 11 Percent. https://www.uscourts.gov/data-news/judiciary-news/2026/02/04/bankruptcy-filings-rise-11-percent Retrieved 2026-09-01.
[2] U.S. Bankruptcy Court, Middle District of Florida. Filing Statistics. https://www.flmb.uscourts.gov/statistics/ Retrieved 2026-09-01.
[3] Florida Legislature. Chapter 222, Exemptions. https://www.leg.state.fl.us/statutes/ Retrieved 2026-09-01.
[4] U.S. Courts. Bankruptcy Court Miscellaneous Fee Schedule. https://www.uscourts.gov/court-programs/fees/ Retrieved 2026-09-01.
